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How SilencerCo Strategically Uses Two Federal Laws in Innovative Design of the Maxim 50

On September 19th, Utah based SilencerCo released the Maxim 50, a suppressed muzzleloader that is not subject to the $200 tax and long wait times typically associated with a suppressor or suppressed firearm. How? ...more

Operation Choke Point: Justice Department Announces Program’s End

This article is part of a continuing series on Operation Choke Point. The first article contains a more detailed overview of the history, origin, and evolution of Operation Choke Point and analyzes a still ongoing lawsuit...more

ITAR Guide for the Firearms Industry

The U.S. firearms industry is regulated under the National Firearms Act, Gun Control Act and other federal and state firearms laws. However there is another important area of regulation that applies to the firearms industry...more

New Guidance on ITAR Registration in the Firearms Industry

The State Department has issued new policy guidance regarding the requirement for gunsmiths and others involved in the firearms industry to register with the State Department under Part 122 of the International Traffic In...more

Senators’ Gun Control Proposals Illustrate Key Tension in Federal Firearms Policy

On June 20, the Senate voted on four proposals to amend federal gun control laws. These proposals, being considered just 9 days after Omar Mateen attacked the Pulse nightclub in Orlando, actually were not expected to be...more

New ATF Ruling Allows Cloud-Based Storage of Acquisition and Disposition Records

The ATF has just released a new ruling — ATF Ruling 2016-1 — that modernizes the procedures for federal firearms licensees to keep their acquisition and disposition records in electronic format. The former procedures under...more

Sandy Hook Lawsuit Aims to Weaken PLCAA, While Judge Denies Motion to Dismiss

In January, we analyzed the immunities provided to firearms industry members under the Protection of Lawful Commerce in Arms Act (PLCAA). Despite statements by some political candidates, the PLCAA provides protection only in...more

Lawsuit “Immunity” for the Gun Industry and What the PLCAA Really Says

Do gun manufacturers really have blanket immunity from lawsuits? No, not even close. The 2016 campaign season has brought a big dose of gun policy debate, and some candidates have claimed that gun manufacturers have...more

Firearms Industry Alert: Obama’s Executive Order Broadens Regulation, Highlights Compliance Challenges

This article is a preliminary report on the Obama administration’s action on gun control, which was announced on January 5, 2016, and provides a brief overview of the proposed action. We will provide more in-depth analysis...more

Badger Guns Case Highlights Retailers’ Legal Risk and Need for Compliance and Training

A Wisconsin gun shop, Badger Guns, has been held liable for almost $6 million for injuries to two police officers who were shot with a gun purchased at the shop. The jury’s verdict in the case, handed down on October 13,...more

Operation Choke Point: Lawsuit Against Federal Bank Regulators Survives Motion to Dismiss, Proceeds to Discovery

A federal court in Washington DC has ruled that a lawsuit against federal bank regulators challenging “Operation Choke Point” may proceed. Operation Choke Point is a program begun by the United States Department of Justice...more

State and Local Law Compliance is Essential to E-Commerce Success in Sale of Firearms and Related Accessories

Selling firearms and related accessories through e-commerce poses a unique challenge to vendors selling products online. Complex compliance issues are present in each transaction because every item must be sold in compliance...more

Online Gun Sales: E-Commerce Terms that Work, and Keep the Seller Safe

Firearms sales continue their upward trend, with National Instant Criminal Background Check System (NICS) checks indicating that 2014 sales of firearms in the United States exceeded 2012 numbers, and fell just short of 2013’s...more

North Carolina Enacts Omnibus Firearms Law, Promotes Uniformity and Standardization of NC’s Gun Laws

North Carolina Governor Pat McCrory signed into law “An Act to Amend Various Firearms Laws” yesterday. “Various” is the key here, because the Act is far-reaching, amends over a dozen statutes, and introduces entirely new...more

Supreme Court Upholds Disparate Impact: What are the Practical Consequences for Mortgage Lenders?

The Supreme Court has held that disparate impact claims are valid under the federal Fair Housing Act (the “FHA”). In essence, this means that liability under the FHA can be proven by showing discriminatory effects of...more

Williams Mullen Files Brief with NC Supreme Court to Protect Rights of Shooting Range Owners

On June 1, 2015, the North Carolina Supreme Court accepted an amicus brief from the Second Amendment Foundation, authored by Camden R. Webb in a case that challenges the ability of a county ordinance to completely prohibit...more

Trinity Wall Street v. Wal-Mart Stores, Inc.: Is it About Guns on the Shelves or Guns in the Streets?

In late November of 2014, a federal district court in Delaware ruled that Wal-Mart must include in its 2015 proxy materials a shareholder proposal seeking heightened board oversight concerning the societal, community, and...more

State AGs and Regulators Step Up UDAAP Enforcement

Dodd-Frank created the Consumer Financial Protection Bureau (“CFPB”) and granted that federal agency significant powers to regulate financial institutions. But Dodd-Frank also empowers state regulators to enforce the new...more

The Crimes of Others: Adam Lanza, Sandy Hook, and Protection Against Tort Liability for Selling Firearms

The families of the victims of the Newtown, Connecticut shooting, in which Adam Lanza attacked the Sandy Hook Elementary School, have filed a lawsuit against the seller of the AR-15 rifle that Lanza used in the crime, and...more

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